Employment Judge V JonesIn person for claimantDate 27 August 2024
JUDGMENT
[1]The claimant’s claim under section 23(1) Employment Rights Act 1996 (ERA) is well-founded. The respondent made unlawful deductions from the claimant’s wages between 22 June 2024 and 16 July 2024 inclusive by not paying him any wages, contrary to section 13 ERA. The total sum underpaid was £1,474.34 calculated as follows: Wages due Induction meeting payment (3 hours @ 10.63 per hour) 31.89 Total gardening/cleaning work 159.45 15 hours @ 10.63 per hour Total support work 744.10 70 hours @ 10.63 per hour Total sleep in nights 140.00 7 nights @ £20 per night Add additional payment (double time) for night shifts on 11,13-15 July inclusive 4 overnight shifts@£20 80.00 And day shifts on 14,15,16 July 3 shifts x 10 hours @ 10.63 318.90 , Total £ 1,474.34 Case No: 1305713/2023[2]The respondent is ordered to pay the claimant the sum of £1,474.34 unlawfully deducted, under section 24(1) ERA.[3]The respondent discriminated against the claimant contrary to the Equality Act 2010 (EQA) by:3.1 Subjecting the claimant to direct discrimination because of his race, contrary to sections 9 and 13 EQA3.2 Subjecting the claimant to harassment related to his race contrary to sections 9 and 26 EQA[4]The claimant is awarded compensation under s124 Equality Act as set out below. Compensation for injury to feelings £10,000 Interest at 8% p.a. from 29 July £ 1,057.70 2023 to date of hearing (55 weeks) Total £11,057.70[5]The respondent failed to provide the claimant with a statement of the principal terms and conditions of his employment contrary to section 1 Employment Rights Act 1996. The respondent is ordered to pay the claimant compensation of £496.80 (2 weeks pay) under section 38 Employment Act 2002[6]The total amount payable by the respondent to the claimant is £13,028.84